Dáil Éireann Debate, Thursday - 13 November 2014
109. Deputy Marcella Corcoran Kennedy asked the Minister for Justice and Equality if she will introduce legislation to strengthen unmarried fathers' rights to obtain access to their children, and to enable them to be consulted on the country of residence of their children; and if she will make a statement on the matter. [43507/14]
Amharc ar fhreagraUnmarried fathers who are not living with their children may obtain access to their children either through agreement with the child's mother or, where it is not possible to reach agreement, by seeking access through the courts. Under the law as it stands, there is a strong mandate to the courts to consider the welfare of the child as the first and paramount consideration in making decisions on guardianship, custody and access.
In my proposals in the forthcoming Children and Family Relationships Bill I intend to maintain this important focus on the rights of the child, including the rights to maintain personal relationships and direct contact with both parents, where it is in the child's best interests. I also intend to ensure that breaches of court orders in relation to custody, access and maintenance can be dealt with appropriately by giving the courts additional powers to intervene where a parent, without reasonable excuse, fails to comply with the court's orders.
Where a child's mother proposes to take the child from the jurisdiction, her obligations to inform or seek the consent of the child's father depend very much on the circumstances. As a matter of best practice, in a situation where the child's father has ongoing contact with the child, he should be informed of and consulted about any proposed change of residence; where he is the child's guardian or has rights of custody, the child must not be taken from the jurisdiction without his consent unless the removal is explicitly permitted by the courts.
